March 25, 2017

United Nations Security Council unanimously adopts resolution 2347 to strengthen protections for heritage during armed conflicts

On March 24, 2017 the United Nations Security Council unanimously adopted resolution 2347 to strengthen protections for heritage during armed conflicts where they are most vulnerable.  Said resolution, inacted by the 15-member council, univocally condemns the unlawful destruction of cultural heritage in the context of armed conflicts, notably by terrorist groups, affirming that such attacks might constitute a war crime and must be brought to justice.

The resolution also calls upon Member States to take appropriate steps to prevent and counter the illicit trade and trafficking in cultural property originating from countries of armed conflict.

Taking note of United Nations
Educational, Scientific and Cultural Organization (UNESCO) General Conference’s
resolution 38 C/48, by which Member States have adopted the Strategy for the
Reinforcement of UNESCO’s Actions for the Protection of Culture and the Promotion
of Cultural Pluralism in the Event of Armed Conflict, and have invited the
Director General to elaborate an action plan in order to implement the
strategy,

Reaffirming its primary responsibility
for maintenance of international peace and security, in accordance with the
Charter of the United Nations, and reaffirming
further the purposes and principles of the Charter of the United Nations,

Reaffirming that terrorism in all forms
and manifestations constitutes one of the most serious threats to international
peace and security and that any acts of terrorism are criminal and
unjustifiable regardless of their motivations, whenever and by whomsoever
committed,

Emphasizing that the unlawful
destruction of cultural heritage, and the looting and smuggling of cultural
property in the event of armed conflicts, notably by terrorist groups, and the
attempt to deny historical roots and cultural diversity in this context can
fuel and exacerbate conflict and hamper post-conflict national reconciliation,
thereby undermining the security, stability, governance, social, economic and
cultural development of affected States,

Noting with grave concern the
involvement of non-state actors, notably terrorist groups, in the destruction
of cultural heritage and the trafficking in cultural property and related
offences, in particular at the continued threat posed to international peace
and security by the Islamic state in Iraq and the Levant (ISIL, also known as
Da’esh), Al-Qaida and associated individuals, groups, undertakings and
entities, and reaffirming its resolve
to address all aspects of that threat,

Also noting with concern that the
Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Qaida and
associated individuals, groups, undertakings and entities are generating income
from engaging directly or indirectly in the illegal excavation and in the
looting and smuggling of cultural property from archaeological sites, museums,
libraries, archives, and other sites, which is being used to support their recruitment
efforts and to strengthen their operational capability to organize and carry
out terrorist attacks,

Noting with grave concern the serious
threat posed to cultural heritage by landmines and unexploded ordnance,

Strongly concerned about the links between
the activities of terrorists and organized criminal groups that, in some cases,
facilitate criminal activities, including trafficking in cultural property,
illegal revenues and financial flows as well as money-laundering, bribery and
corruption,

Recalling Security Council resolution 1373 (2001) which requires that
all States shall prevent and suppress the financing of terrorist acts and
refrain from providing any form of support, active or passive, to individuals,
groups, undertakings or entities involved in such acts, and other resolutions
that emphasize the need for Member States to continue exercising vigilance over
relevant financial transactions and improve information-sharing capabilities and
practices, in line with applicable international law, within and between
governments through relevant authorities,

Recognizing the indispensable role of
international cooperation in crime prevention and criminal justice responses to
counter trafficking in cultural property and related offences in a
comprehensive and effective manner, stressing
that the development and maintenance of fair and effective criminal justice
systems should be a part of any strategy to counter terrorism and transnational
organized crime and recalling in this
respect the provisions of the United Nations Convention against Transnational
Organized Crime and the Protocols thereto,

Recalling the Convention for the
Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954
and its Protocols of 14 May 1954 and 26 March 1999, the Convention on the Means
of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property of 14 November 1970, the Convention concerning
the protection of the World Cultural and Natural Heritage of 16 November 1972,
the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage
and the 2005 Convention on the Protection and Promotion of the Diversity of
Cultural Expressions,

Noting the ongoing efforts of the
Council of Europe Committee on Offences relating to Cultural Property
concerning a legal framework to address illicit trafficking in cultural
property,

Commending the efforts undertaken by
Member States in order to protect and safeguard cultural heritage in the
context of armed conflicts and taking
note of the Declaration issued by Ministers of Culture participating in the
International Conference “Culture as an Instrument of Dialogue among Peoples”,
held in Milan on 31 July-1 August 2015 as well as the International Conference
on the victims of ethnic and religious violence in the Middle East, held in
Paris on 8 September 2015, and the Conference on Safeguarding Endangered
Cultural Heritage held in Abu Dhabi on 3 December 2016 and its declaration,

Welcoming the central role played by
UNESCO in protecting cultural heritage and promoting culture as an instrument
to bring people closer together and foster dialogue, including through the
#Unite4Heritage campaign, and the central role of the United Nations Office on
Drugs and Crime (UNODC) and INTERPOL in preventing and countering all forms and
aspects of trafficking in cultural property and related offences, including
through fostering broad law enforcement and judicial cooperation, and in
raising awareness on such trafficking,

Also recognizing the role of the
Analytical Support and Sanctions Monitoring Team of 1267/1989/2253 ISIL
(Da’esh) and Al-Qaida Sanctions Committee, in identifying and raising awareness
on the challenges related to the illicit trade of cultural property as it
relates to the financing of terrorism pursuant to resolutions 2199 (2015) and 2253 (2015), and welcoming the Financial Action Task Force
(FATF) guidance on recommendation 5 on the criminalization of terrorist
financing for any purpose, in line with these resolutions,

Expressing in this regard concern at the
continuing use in a globalized society, by terrorists and their supporters, of new
information and communications technologies, in particular the Internet, to
facilitate terrorist acts, and condemning their use to fund terrorist acts
through the illicit trade in cultural property,

Underlining the importance that all
relevant United Nations entities coordinate their efforts while implementing
their respective mandates,

Noting the recent decision by the
International Criminal Court, which for the first time convicted a defendant
for the war crimes of intentionally directing attacks against religious
buildings and historic monuments and buildings,

1. Deplores
and condemns the unlawful destruction of cultural heritage, inter alia
destruction of religious sites and artefacts, as well as the looting and
smuggling of cultural property from archaeological sites, museums, libraries,
archives, and other sites, in the context of armed conflicts, notably by
terrorist groups;

2. Recalls
its condemnation of any engagement in direct or indirect trade involving ISIL,
Al-Nusra Front (ANF) and all other individuals, groups, undertakings and
entities associated with Al-Qaida, and reiterates
that such engagement could constitute financial support for entities designated
by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee and may
lead to further listings by the Committee;

3. Also
condemns systematic campaigns of illegal excavation, and looting and
pillage of cultural heritage, in particular those committed by ISIL, Al-Qaida
and associated individuals, groups, undertakings and entities;

4. Affirms
that directing unlawful attacks against sites and buildings dedicated to
religion, education, art, science or charitable purposes, or historic monuments
may constitute, under certain circumstances and pursuant to international law a
war crime and that perpetrators of such attacks must be brought to justice;

5. Stresses
that Member States have the primary responsibility in protecting their cultural
heritage and that efforts to protect cultural heritage in the context of armed
conflicts should be in conformity with the Charter, including its purposes and
principles, and international law, and should respect the sovereignty of all
States;

6. Invites,
in this regard, the United Nations and all other relevant organizations to
continue providing Member States, upon their request and based on their
identified needs, with all necessary assistance;

7. Encourages
all Member States that have not yet done so to consider ratifying the
Convention for the Protection of Cultural Property in the Event of Armed
Conflict of 14 May 1954 and its Protocols, as well as other relevant
international conventions;

8. Requests
Member States to take appropriate steps to prevent and counter the illicit
trade and trafficking in cultural property and other items of archaeological,
historical, cultural, rare scientific, and religious importance originating
from a context of armed conflict, notably from terrorist groups, including by
prohibiting cross-border trade in such illicit items where States have a
reasonable suspicion that the items originate from a context of armed conflict,
notably from terrorist groups, and which lack clearly documented and certified
provenance, thereby allowing for their eventual safe return, in particular
items illegally removed from Iraq since 6 August 1990 and from Syria since 15
March 2011, and recalls in this
regard that States shall ensure that no funds, other financial assets or other
economic resources are made available, directly or indirectly, by their
nationals or persons within their territory for the benefit of ISIL and
individuals, groups, entities or undertakings associated with ISIL or Al-Qaida
in accordance with relevant resolutions;

9. Urges
Member States to introduce effective national measures at the legislative and
operational levels where appropriate, and in accordance with obligations and
commitments under international law and national instruments, to prevent and
counter trafficking in cultural property and related offences, including by
considering to designate such activities that may benefit organized criminal
groups, terrorists or terrorist groups, as a serious crime in accordance with
article 2(b) of the UN Convention against Transnational Organized Crime;

10. Encourages
Member States to propose listings of ISIL, Al-Qaida and associated individuals,
groups, undertakings and entities involved in the illicit trade in cultural
property to be considered by the 1267/1989/2253 ISIL (Da’esh) and Al‑Qaida
Sanctions Committee, that meet the designation criteria set forth in
resolutions 1267 (1999), 1989 (2011) and 2253 (2015);

11. Urges
Member States to develop, including, upon request, with the assistance of
UNODC, in cooperation with UNESCO and INTERPOL as appropriate, broad law
enforcement and judicial cooperation in preventing and countering all forms and
aspects of trafficking in cultural property and related offences that benefit
or may benefit organized criminal groups, terrorists or terrorist groups;

12. Calls
upon Member States to request and provide cooperation in investigations,
prosecutions, seizure and confiscation as well as the return, restitution or
repatriation of trafficked, illicitly exported or imported, stolen, looted,
illicitly excavated or illicitly traded cultural property, and judicial
proceedings, through appropriate channels and in accordance with domestic legal
frameworks as well as with the United Nations Convention against Transnational
Organized Crime and the Protocols thereto and relevant regional, subregional
and bilateral agreements;

13. Welcomes
the actions undertaken by UNESCO within its mandate to safeguard and preserve
cultural heritage in peril and actions for the protection of culture and the
promotion of cultural pluralism in the event of armed conflict, and encourages Member States to support such
actions;

14. Encourages
Member States to enhance, as appropriate, bilateral, subregional and regional
cooperation through joint initiatives within the scope of relevant UNESCO
programmes;

15. Takes
noteof the UNESCO Heritage
emergency fund as well as of the international fund for the protection of
endangered cultural heritage in armed conflict as announced in Abu Dhabi on 3
December 2016, and of other initiatives in this regard, and encourages Member States to provide
financial contributions to support preventive and emergency operations, fight
against the illicit trafficking of cultural property, as well as undertake all
appropriate efforts for the recovery of cultural heritage, in the spirit of the
principles of the UNESCO Conventions;

16. Also
encourages Member States to take preventive measures to safeguard their
nationally owned cultural property and their other cultural property of
national importance in the context of armed conflicts, including as appropriate
through documentation and consolidation of their cultural property in a network
of “safe havens” in their own territories to protect their property, while
taking into account the cultural, geographic, and historic specificities of the
cultural heritage in need of protection, and notes the draft UNESCO Action
Plan, which contains several suggestions to facilitate these activities;

17. Calls
upon Member States, in order to prevent and counter trafficking of cultural
property illegally appropriated and exported in the context of armed conflicts,
notably by terrorist groups, to consider adopting the following measures, in
relation to such cultural property:

(a) Introducing or improving cultural
heritage’s and properties’ local and national inventory lists, including
through digitalized information when possible, and making them easily
accessible to relevant authorities and agencies, as appropriate;

(b) Adopting adequate and effective regulations
on export and import, including certification of provenance where appropriate,
of cultural property, consistent with international standards;

(c) Supporting and contributing to update the
World Customs Organization (WCO) Harmonized System Nomenclature and
Classification of Goods;

(d) Establishing, where appropriate, in
accordance with national legislation and procedures, specialized units in
central and local administrations as well as appointing customs and law
enforcement dedicated personnel, and providing them, as well as public
prosecutors, with effective tools and adequate training;

(f) Using and contributing to the INTERPOL
Database of Stolen Works of Art, UNESCO Database of National Cultural Heritage
Laws, and WCO ARCHEO Platform, and relevant current national databases, as well
as providing relevant data and information, as appropriate, on investigations
and prosecutions of relevant crimes and related outcome to UNODC portal SHERLOC
and on seizures of cultural property to the Analytical Support and Sanctions
Monitoring Team;

(g) Engaging museums, relevant business
associations and antiquities market participants on standards of provenance
documentation, differentiated due diligence and all measures to prevent the
trade of stolen or illegally traded cultural property;

(h) Providing, where available, to relevant
industry stakeholders and associations operating within their jurisdiction
lists of archaeological sites, museums and excavation storage houses that are
located in territory under the control of ISIL or any other group listed by the
1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee;

(i) Creating educational programmes at all
levels on the protection of cultural heritage as well as raising public
awareness about illicit trafficking of cultural property and its prevention;

(j) Taking appropriate steps to inventory
cultural property and other items of archaeological, historical, cultural, rare
scientific and religious importance which have been illegally removed,
displaced or transferred from armed conflict areas, and coordinate with
relevant UN entities and international actors, in order to ensure the safe
return of all listed items;

18. Encourages
Members States, relevant United Nations entities, in accordance with their
existing mandate, and international actors in a position to do so to provide
assistance in demining of cultural sites and objects upon request of affected
States;

19. Affirms
that the mandate of United Nations peacekeeping operations, when specifically
mandated by the Security Council and in accordance with their rules of
engagement, may encompass, as appropriate, assisting relevant authorities, upon
their request, in the protection of cultural heritage from destruction, illicit
excavation, looting and smuggling in the context of armed conflicts, in
collaboration with UNESCO, and that such operations should operate carefully
when in the vicinity of cultural and historical sites;

20. Calls
upon UNESCO, UNODC, INTERPOL, WCO and other relevant international
organizations, as appropriate and within their existing mandates, to assist
Member States in their efforts to prevent and counter destruction and looting
of and trafficking in cultural property in all forms;

21. Requests
the Analytical Support and Sanctions Monitoring Team of the 1267/1989/2253 ISIL
(Da’esh) and Al-Qaida Sanctions Committee to continue, within its existing
mandate, to provide the Committee with relevant information regarding the
illicit trade of cultural property;

22. Also
requests the Secretary-General, with the support of UNODC, UNESCO and the
Analytical Support and Sanctions Monitoring Team of the 1267/1989/2253 ISIL
(Da’esh) and Al-Qaida Sanctions Committee, as well as other relevant United
Nations bodies, to submit to the Council a report on the implementation of the
present resolution before the end of the year;